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MTR. OF BURKE v. VIL. OF JOHNSON CITY

36 A.D.2d 202 (1971)

In the Matter of Joseph J. Burke, Respondent, v. Village of Johnson City, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 5, 1971.

Attorney(s) appearing for the Case

Donald E. Egan, Jr., Village Attorney, for appellant.

Charles J. Bellew (Richard N. Aswad of counsel), for respondent.

REYNOLDS, GREENBLOTT, COOKE and SIMONS, JJ., concur.

HERLIHY, P. J.

This is an appeal from a judgment of the Supreme Court entered in Broome County, which granted petitioner's application, in a proceeding pursuant to article 78 of the CPLR for reinstatement in the Police Department together with his back pay.

The petitioner in 1966, although obviously aware that he was a member of the New York State Retirement System and was an employee pursuant to the...

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